TUCKER v. PEACOCK et al

Filing 12

ORDER ADOPTING 8 Report and Recommendations. The Plaintiff's claim for injunctive relief against Defendant Searcy is dismissed without prejudice. Defendants Upson County, Sheriff Peacock, Mayor Kilgore, Dr. Busbee, and the Board of County Commissioners are dismissed without prejudice. The Plaintiff's damages claim against Defendant Searcy will go forward. Ordered by Judge Marc Thomas Treadwell on 9/24/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

ROBERT TUCKER, III,
Plaintiff,
v.
Sheriff PEACOCK, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:12-CV-244 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 8). The Magistrate Judge recommends
dismissal of the Plaintiff’s claim for injunctive relief against Defendant Captain Ralph
Searcy.1 Pursuant to a 28 U.S.C. § 1915A review, the Magistrate Judge also
recommends dismissing defendants Upson County, Sheriff Peacock, Mayor Kilgore, Dr.
Busbee, and the Board of County Commissioners. The Plaintiff has not filed an
objection to this Recommendation.2
The Court has reviewed the Recommendation, and the Recommendation is
adopted and made the order of this Court. The Plaintiff’s claim for injunctive relief
against Defendant Searcy is dismissed without prejudice. Defendants Upson

1

This claim was dismissed as moot because Defendant Searcy is an official at Upson County Jail, and
the Plaintiff is no longer incarcerated there. However, the Plaintiff’s damages claim against Defendant
Searcy will go forward as ordered by the Magistrate Judge.

2

During the objection period, the Plaintiff did file a motion to amend his complaint. (Doc. 11). However,
this is a matter for the Magistrate Judge to address and is not construed by this Court as an objection.   

County, Sheriff Peacock, Mayor Kilgore, Dr. Busbee, and the Board of County
Commissioners are dismissed without prejudice. The Plaintiff’s damages claim
against Defendant Searcy will go forward as ordered by the Magistrate Judge.
SO ORDERED, this 24th day of September, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

-2-